PARSURAM KAPRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsels for the parties and with their consent, this writ petition is being disposed of at this stage itself.

(2.) The grievance of the petitioner in this writ petition is that his P.D.S. Licence has been cancelled by issue of Order dated 25.04.2004, as contained in Annexure-3 to the writ petition without giving any notice to show-cause or a chance of being heard and also in violation of Clause 11(2) of the Bihar Trade Articles (Licenses Unification) Order, 1984 which clearly envisages that no order of cancellation shall be made under this Clause unless licencee has been given reasonable opportunity stating his case against the proposed cancellation.

(3.) From perusal of Annexure-3, the impugned order, it appears that the said order of cancellation has been passed considering the fact that earlier also, in the year 2004, the licence of the petitioner was suspended and he was warned at that stage but he did not mend himself. This impugned Order does not show that before canceling the P.D.S. Licence of the petitioner, he was given any notice to show cause.